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he died and everyone said he left money for all his grand children, but my mother wont share a copy of the will. People are saying she stole my inheritence.
answered on Jul 25, 2022
I'm assuming that your grandfather died in Puerto Rico and that he granted his Last Will & Testament in Puerto Rico. As such, the first step would be to procure a copy of his death certificate from the Demographics Registry. With the certificate in hand, a request for certification would... View More
I have my stepdad will which was created in 1994. He resided in Florida at that time. He passed away in 2007 in Puerto Rico. He did not have any children on his own. He was married to my mom and she also passed away in 2012. The asset in question is a house located in Puerto Rico. I was told by the... View More
answered on Jul 21, 2022
Puerto Rico courts have jurisdiction, since your dad left an estate in Puerto Rico. The same holds true for your mom's estate, assuming that the real estate property you write off was jointly acquired by both of your parents. Your dad's will, if you have the original, may be eligible to... View More
My mother is a PR resident (I am not), and wants to gift her home to me before she remarries or dies. She also said she may want to still live in the home after she gifts it to me. She said she would gift the title, but still have it enscribed in her name. I want to accept her kind gift, but I am... View More
answered on Jul 18, 2022
First off, unless your mother donates the property to you by way of a deed the Property Registry would still register the real estate in her name. Once she transfers the property in fee simple to you, it needs to be inscribed in your name by filing a certified copy of the donation deed and of your... View More
The will left everything to 1 person, who is deceased, their 3 kids are heirs. The deceased had a brother and sister who were not in will but are being allocated 1/9th each of the estate value (1/3 of 1/3 forced heir dispost). 5 heirs are using 1 attorney and 1 heir has their own. The question is... View More
answered on Jul 18, 2022
If the deceased left is entire estate to one person who is - I assume - a sibling, I take it to mean that the deceased died without a spouse, without descendants, and without living parents. The way you describe the proposed distribution, it seems that the deceased granted his/her Last Will &... View More
They purchased a 10 acre plot of land. The co-owner sold the land without consulting my mother and kept all the profits. My father did not have a will. Before my father death he gave me the legal documents of the property in question, and found out the co-owner has shown my father’s death... View More
answered on Jul 12, 2022
If your father left no will, a declaration of heirs should've been petitioned before the courts. I would highly recommend procuring an in-depth title study of that property and procure the scanned historic foils (pages) of that property, to research how it got sold. I would need to review the... View More
After my father’s death in 2001, five months later his friend decided to sell the property without notifying our family, but many years later 2022 we noticed that was done. Is there’s any advice to pursuing this or is to late? This happened in Puerto Rico.
answered on Jul 12, 2022
I'm assuming that your argument implies that said property (whether real estate or not) belonged in life to your late father; and that the sale was somehow illicit. Without additional information, it is difficult to address your question. If the property you speak of is real estate, you could... View More
We are three males US Citizens
answered on Jun 21, 2022
Your question does not state when your uncle passed away. The answer to your question, depends upon your uncle's decease date, since a different Civil Code applies s of November 28, 2020. When a person dies without a will, the following hierarchy applies.
If your uncle died before... View More
answered on Jun 21, 2022
I'm assuming that the reluctant heir does not have the money to buy out his/her siblings and/or has not made a reasonable offer to the other siblings. If that's the case, the Puerto Rico Civil Code states that no co-owner should be forced to remain in community; not even in a hereditary... View More
answered on Jun 17, 2022
Assuming the declaration of heirs file is at the court house, and assuming that you are an interested party (i. e., an heir, a court-appointed, administrator, or the executor), you can go to the court’s civil secretary, where they’ll let you know whether they have the file, whether it’s at... View More
If person lives in PR but case is in Florida can they be deposed?
answered on Apr 29, 2022
Uniform acts such as UIDDA are not self executing. As a rule, a state's legislature must adopt the act by way of local legislation. That being said, depositions from a Florida state civil case can be taken on residents in Puerto Rico. However the deposition must follow the Puerto Rico Rules of... View More
My grandmother passed in 2011 leaving me her house in PR. For many years a cousin, who was the care taker of the house lied and claimed the house had been sold. I recently found out the house and my grandmothers belongings are still standing and have merely been abandoned. Can I still claim this... View More
answered on Apr 13, 2022
So long as the house is still in your grandmother's estate and you have proof of your hereditary claim, you can still claim the property. I'd advise procuring a title study of the property to confirm that it is still in your grandmother's name. Certificates of value and debt must... View More
The Will she left only mentions giving to three of the grand children. What are the rights of the other 3 grand children with regard to the "forced heirs" inheritance laws in PR? Also since the house has a lien of $80,000 mortgage to the bank, how does that impact any sale or... View More
answered on Feb 7, 2022
Regarding your grandmother's will, upon the death of her children, her grandchildren become her legitimate heirs in their own right by representation of their parents. Thus, by leaving out three of her grandchildren without explicitly disinheriting them pursuant to the permissible causes under... View More
answered on Dec 30, 2021
I'm sorry for your loss. A few questions that need to be answered, prior to addressing your question.
(1) First thing, depending on when your uncle died will determine the circumstances of succession. A new Puerto Rico Civil Code came into effect as of November 28, 2020.
(2)... View More
They were born in New york & refuse to give original birth certificate. Can i obtain their birth certificate & how?. I want to buy home belonging to my parents
their grsnd parents . I can get their mother. My sister bc she was born in PR but not sure about her children.
answered on Oct 9, 2021
Having been born in NY myself, I can state that, the only ways to procure an original birth certificates for someone born there are (a) through the person him/herself, (b) through a parent, or (c) through a third party authorized by the person. I would advise that you contact an attorney who... View More
We are 13 siblings & my sister passed. her children for no reason wont provide death and birth certificate. What can be done as i dont have all info about her death(died in PA) & original is needed for pr court to complete doc for new heirs being her children.
Also, if 10 siblings... View More
answered on Oct 7, 2021
To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached... View More
I don't want to sell but my heirs do. My brother owes $40,000 in child support reason for his need to sell my sister really don't care about the house. Plus I'm in process of getting 75% of dad's social security benefits I'm on dialysis for life and I'm in peace living... View More
answered on Sep 30, 2021
First off, I'm assuming that your father passed away in Puerto Rico. Although you state that he did not grant a Last Will and Testament, this fact should be confirmed through the Office of Notary Inspections ("ODIN", by its Spanish acronym). We must also verify that a Declaration of... View More
I am being ordered to fly from California to NY to sign documents and turn over my portion of the inheritance to him/them. I have asked for documentation repeatedly and he refuses to give me anything not even verbal information about the matter and now he is threatening to abandoned my father, not... View More
answered on Sep 6, 2021
First off, blackmailing you into resigning your inheritance is illegal. If your siblings have denied you access to documentation pertaining to your mother's estate (assuming that she died in Puerto Rico), you have the right to request said documents through the Puerto Rico Courts, by way if an... View More
My grandfather passed away about 25 years ago and the property was never transferred to my mother or her siblings, it remains in his name. If 2 of the 5 remaining children will not voluntarily sign over the property, can I dispute? The house is derelict and unoccupied.
answered on Feb 6, 2021
Greetings
Yes, a grandchild can claim for his her rightful inheritance.
When a puertorican or legal resident in Puerto Rico dies in Puerto Rico, are all US territories, banks in the US, notified or only Puerto Rico and banks in Puerto Rico?
If only banks in Puerto Rico are notified, does that mean my son can use my debit card from an account in a US bank and... View More
answered on Aug 25, 2020
Hello and thank you for using Justia. The death of the holder is usually informed to the banks by third parties. There is no system of notificatión in Puerto Rico. Your son will be able to use your card as long as the Bank has not found out of the death. Your best bet is to make a Testament and... View More
Cared for grandparents for more than 10 years. Was the only one bc grandparents only son (my father) was deceased. My sister and I are the only “family” left. She never involved herself in helping or supporting in their care. I cared for them full time then I had to move in to care 24/7 till... View More
answered on Aug 14, 2020
Hello and thank you for using Justia. Care givers benéfits are available but only while the care giving is being given. No benéfits after death.
What you need to do is Probate the Estate and Testament. This wll assure your share of the Inheritance.
If you need additional... View More
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